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Standard for Employment

The impact of human rights legislation on the interview process

Many H.R. Departments pride themselves on the skill with which they can interview prospective employees in order to assess their qualifications for the position being advertised, the fit of the employee with the organization, and the likelihood that the employee will stay with the organization for a reasonable period of time. What employers are often not cognizant of is the limitation imposed on this process by the provisions of various provincial and federal Human Rights statutes.

 

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Employer failed in duty to accommodate by not considering employment beyond pre-injury position

In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.

 

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Learn the latest! — AODA compliance: Benefits of being ahead of the game

Recently, some of our clients received a notice from the government reminding them to file an Accessibility Report. This was an eye opener to employers who have let the Accessibility for Ontarians with Disabilities Act (AODA), Customer Service compliance deadlines slip through the cracks. Some simply forgot to file. However, others were reminded they have not yet implemented all the Customer Service Standard requirements.

 

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HRinfodesk Poll result and commentary: The presence of psychological risks or mental illnesses in the workplace

The Psychological Health and Safety in the Workplace standard was released on January 16, 2013, by the Canadian Standards Association. Canadian companies and employees across the country can turn to a new national standard to help them identify and address psychological risks and mental health issues in the workplace. We wanted to know if employers were aware of any cases of psychological risks or mental illnesses in their workplaces. This is why our last poll asked readers: Have you encountered employees who suffer from psychological risks or mental illnesses (i.e., depression, bipolar) in your workplace?

 

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Integrating the psychological health and safety standard into existing organizational policies and processes

On January 16, 2013, the Standards Council of Canada (CSA) published a new national standard dealing with psychological health and safety in the workplace. Although not a mandatory standard at this time, it is foreseeable that legislators, health and safety officers and inspectors, adjudicators and tribunals will be influenced by the standard when dealing with psychological and mental health issues in the workplace. In addition, such standards may be absorbed into the employer’s general duty to protect workers from harm in the workplace, which exists in all jurisdictions in Canada. Employers should also scrutinize their workplace operations, policies, procedures and processes under the auspices of the psychological health and safety system recommended in the standard.

 

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Psychological health & safety in the workplace: Now more important than ever

As of January 2013, Canada is now the first country in the world to adopt a national standard for mental health in the workplace. Several health and safety and human rights legislation across Canada already address providing safe and healthy workplaces, the prevention of harassment that includes bullying, sexual harassment, and discrimination based on disability which includes mental illnesses. However, this new standard now gives employers and employees support to make their workplaces psychologically safe and healthy.

 

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AODA — Is your workplace keeping up with its obligations?

The Accessibility Standard for Employment will help Ontario businesses and organizations make accessibility a regular part of finding, hiring and supporting employees with disabilities.

 

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Happy 2014! Well, it will be if you start preparing your multi-year accessibility plan under the AODA now

Businesses know as well as people how quickly a new year can arrive—along with the new obligations that go along with it. In this case, I’m talking about the Accessibility for Ontarians with Disabilities Act and multi-year accessibility plans to meet the requirements of the Integrated Accessibility Standards Regulation. Large organizations—those with 50 or more employees—must comply by 2014.

 

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Slaw: Ontario accessibility standards: What comes after the December 31, 2012 reporting deadline?

Ontario’s Accessibility Standard for Customer Service came into effect on January 1, 2012 for all businesses and not-for-profits in the province with more than one employee. If an organization has more than 20 employees, an online report must be filed by December 31, 2012 to demonstrate to the government that accessibility has been achieved under the Customer Service Standard. Many organizations are now asking “what comes next?”

 

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Most-viewed articles this week on HRinfodesk

The three most popular HRinfodesk articles this week deal with managing short-term absences, what’s new for payroll 2013, and alleged termination for expressing religious and political views.

 

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Report on the Ontario human rights review revisited: Concerns it may raise for employers

Last week we posted an entry about the Attorney General’s report on the Ontario Human Rights Review. Today’s post will revisit the report, attending to the concerns it may raise for employers.

 

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Slaw: Case of employer who discriminated against disabled employee for paying her $1.25 per hour… reconsidered

Last May 2012, an adjudicator upheld a prior Ontario Human Rights Tribunal decision (January 2012) that an employer discriminated against a long-time employee when it was decided to terminate her because she suffered from a disability. However, the damage award based on her $1.25 per hour wage rate was not reconsidered since the employee never complained during the years she worked there.

 

OHRC releases consultation report on human rights, mental health and addictions

On Thursday, September 13, 2012, the Ontario Human Rights Commission (OHRC) released Minds That Matter: Report on the consultation on human rights, mental health and addictions, which is the result of what they heard from the consultation across the province and sets out a number of key recommendations and commitments to address human rights issues that affect people with mental health disabilities or addictions.

 

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Slaw: Recommendations for new Manitoba legislation to remove barriers faced by people with disabilities

Manitoba is the second province in Canada that intends to make their province accessible for persons with disabilities by developing specific standards of accessibility in a number of key areas.

 

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Christina Ha overcomes odds and wins MasterChef!

After weeks of intense competition and countless appetizing foods, only two remained, Josh Marks and Christine Ha, the show’s first contestant with a disability. She is blind.

 

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